Damages

Question 1

Define compensatory damages

Answer 1

‘the sum of money which will put the party who has been injured, or who has suffered, in the same position he would have been in if he had not sustained the wrong for which he is now getting compensation or reparation.’ - Livingstone v Raywards Coal Co (1880) 5 App Cas 25, 39 (Lord Blackburn)

Question 2

What case exercised s.33 of the limitation act 1980 to extend the period when it appears it would be equitable to bring a case?

Answer 2

A Hoare, C v Middlesbrough Council, X v Wandsworth LBC, H v Suffolk County Council, Young v Catholic Care (Diocese of Leeds) [2008] UKHL 6

• Claimant sued defendant for rape years after the abuse after defendant won the lottery
• court extended the usual 6 year limitation period

Question 3

What does s.1 Fatal Accidents Act 1976 state?

Answer 3

The relatives of a deceased may bring a claimant for their losses, including bereavement
- claimants relatives can bring a claim for their own losses where £12,980 can be awarded for bereavement under fatal accidents act

Question 4

What does s.2, s.11 and s.33 of the limitation act 1980 state?

Answer 4

S.2: for tort claims there is 6 years to bring a claim
S.11: for personal injury, there is 3 years to bring a claim from the tort or knowledge
S.33: the court has discretion to extend the limitation period

Question 5

What case states that the Courts use the Ogden Tables to calculate damages for the claimant’s lifetime?

Answer 5

Wells v Wells [1999] 1 AC 345 (HL)

- ogden estimates how long someone may live for

Question 6

What table does the courts use for calculating damages for the claimants lifetime?

Answer 6

Ogden Tables